What is an Asbestos Lawsuit?

An asbestos lawsuit is a way for a victim or their family members to obtain compensation from the companies that caused their exposure. Compensation may be in the form of a verdict by a jury or settlement.

A mesothelioma lawyer with experience can help you determine the best type of lawsuit to suit your situation. The process begins with the filing of an initial complaint. The defendants have a specific time to respond.

Mesothelioma

Mesothelioma, a form of cancer, affects the tissue layer that covers most of the internal organs in the body. It is caused by exposure to asbestos. The most common site of the disease is the lung (pleural mesothelioma) but it can also occur in the stomach the lining (peritoneal mesothelioma), heart, and asbestos settlement testicles. The condition is uncommon however, it can be extremely aggressive and can be fatal.

Most people who have mesothelioma have inhaled asbestos dust during their work. It takes a long time for the disease to develop and symptoms may not be evident for a long time after exposure. In the majority of cases, chest pain and shortness of breathe are the first signs. Mesothelioma is not curable but there are therapies that can relieve symptoms and prolong the duration of life.

A patient can be diagnosed with mesothelioma through medical history, physical examination and laboratory tests. It is important to discuss any history of exposure to asbestos with a doctor, because it can increase the chance of developing the disease.

The symptoms of mesothelioma may be mistaken for other illnesses. The first signs are chest pain, shortness of breath, and dry cough. These symptoms are similar to those that are associated with lung disorders such as pneumonia or bronchitis. This makes it difficult to recognize mesothelioma. Many patients are not diagnosed until the advanced stages of the disease, which is when it becomes more difficult to treat.

Scientists have identified many contributing factors to the growth of mesothelioma. The most prevalent factor is exposure to asbestos. However, other environmental pollutants like arsenic and cadmium may also cause the disease.

Malignant mesothelioma has been classified into three types based on the type of cells affected. Pleural mesothelioma may be the most commonly encountered form of disease. It affects the lining of the chest cavity (pleura) and lungs. Peritoneal Mesothelioma though less frequent, is dangerous. It is found in the lining (peritoneum) of the stomach. It is a rare type of cancer that affects the testicles.

Researchers continue to investigate the link between asbestos exposure and Mesothelioma. There is evidence that suggests that mutations in genes can affect the likelihood of developing the disease. Current clinical trials are testing treatments that target gene mutations.

Asbestos Litigation

Asbestos-related illnesses can cause financial hardship for the victims. Asbestos lawsuits assist victims in recovering the compensation they require to cover the costs and restore their lives. The first step in a asbestos lawsuit is gathering evidence and identifying defendants. This involves looking over the history of a victim's employment and asbestos settlement determining what asbestos-related substances contributed to their condition. A victim's team will then file mesothelioma suits against the responsible firms.

The discovery phase is the next one of an asbestos lawsuit. This involves interviewing coworkers as well as looking at asbestos dust samples, and reviewing the medical records of the victims and laboratory tests. Once a database of vendors, employers, and products is established, it is possible to use it to identify potential defendants. It can take a number of years to complete this process, depending on how long the victim has been employed. This includes interviewing family members, coworkers, abatement workers, and studying various records, such as Social Security, union, tax and employer documents.

During the discovery phase asbestos and other defendants can file procedural motions seeking to throw out a plaintiff's case. These motions usually are founded on technical issues and are challenged by skilled lawyers.

Once a trial date is established, the victims must demonstrate their injuries before jurors. This can be a challenging task because mesothelioma as well as other asbestos-related diseases are difficult to diagnose and have a long latency period. The victims must be able to prove that their exposure to asbestos was the cause of the disease and that the illness was a direct consequence of the exposure.

Asbestos lawyers can make a compelling argument for their clients based on their vast knowledge of this area of law. They can also negotiate directly with insurance companies, and also address defenses brought in court by defendants. This will ensure that their clients get an equitable settlement.

Mass torts are commonly used to describe asbestos cases, due to the fact that they involve large groups of injured against multiple defendants. The Judicial Panel on Multidistrict Litigation has taken on thousands of these cases into MDL 875, In Re Asbestos Products Liability Litigation. This litigation is ongoing in the Eastern District of Pennsylvania.

Class Action Lawsuits

In the United States, asbestos exposure is so widespread that a majority of people have been exposed to it at some time or another. However, it requires long-term and repeated exposure to asbestos to cause serious diseases such as mesothelioma. The time from initial exposure until diagnosis of mesothelioma could be between 10 and 60 years.

The asbestos industry is involved in a number of class action lawsuits. The most famous one was Borel v. Fireboard Paper Products Corporation. This case established strict liability for asbestos producers. In the beginning families were seeking compensation for the death of a loved one from the companies that manufactured asbestos-based products.

Asbestos is comprised of fibrous minerals that are found in nature. Asbestos was a popular building material in the 1920s and into the 1960s due to its heat, fire, and corrosion resistant. It is also durable and inexpensive. Asbestos has been utilized in a variety of construction projects. It was sprayed onto fire and sound insulation, floor tiles, ceiling tiles roofing and siding shingles, and pipe coating.

Unfortunately asbestos has been proven to be a potent carcinogen capable of causing mesothelioma, lung cancer, and asbestosis. These illnesses can be triggered by breathing asbestos fibers that are tiny, which can get into the lungs and stay there for a long time which can cause inflammation and scarring and eventually leading to cancerous tumors.

Asbestos can be released into the air if asbestos claim-containing materials are disturbed. This can happen in commercial, residential and military structures and also in highways that are contaminated and bridges. The Environmental Protection Agency regulates asbestos removal, and provides guidelines on proper handling, disposal, and testing of contaminated material.

In a few cases, relatives of those who have been affected by mesothelioma have sought compensation from companies which manufacture asbestos-based products. They claim that these companies were negligent in their product development and marketing. Mesothelioma is considered a terminal disease with an estimated mortality rate of 90 percent and it is therefore essential that patients seek compensation. A mesothelioma lawyer with experience can help victims and their family families through the entire process of seeking compensation from negligent asbestos manufacturers.

Compensation

Many asbestos-related victims can receive compensation for medical bills as well as lost wages and pain and suffering. The amount of compensation varies according to a variety factors such as the severity of each individual's disease and the amount of time between exposure and diagnosis.

Many people diagnosed with mesothelioma or other asbestos-related diseases may be eligible for substantial financial compensation. Asbestos lawyers can help determine the eligibility for compensation. They may review the patient's medical history as well as work history and the locations where they have worked. They can then analyze information from thousands of asbestos-related sites and products to determine how and where a person was exposed to asbestos.

Once the lawyers have gathered the information, they will file a lawsuit against an asbestos producer or trust fund. This is usually done at the state-level. The asbestos settlement is the most common method of settling mesothelioma claims. An asbestos lawyer can typically reach a settlement within 90 days.

When making an asbestos settlement, attorneys take into consideration the extent to which each person has been affected by their condition and what the total cost of care will be. They look at a variety of costs, ranging from transportation to home health aids and complementary therapy. They also take into account how much a victim has lost in income and other personal assets.

The majority of people are diagnosed with Mesothelioma in their 70s. Asbestos-related illnesses can also affect people in their 40s and 50s. Asbestos-related victims can get compensation from the companies who exposed them to the toxic substance as well as from asbestos trust funds and from insurers that have assumed the responsibility for asbestos-related manufacturers.

Mesothelioma and other asbestos-related diseases can be very expensive to treat. It can be a lonely time for those who suffer. A reputable mesothelioma lawyer can help ensure that each victim receives the compensation they deserve. In some instances, compensation could reach millions of dollars. Asbestos victims who have lost a loved one to mesothelioma or another asbestos-related illness may also file a wrongful death lawsuit against the person responsible.